Sir Bernard Jenkin
MP for Harwich and North Essex · Conservative · United Kingdom
“Despite long and historic disagreements between successive UK Governments and Israel, it has remained a steadfast ally in counter-terrorist efforts to keep our people safe in this country. We are now embarked, it seems, on a full diplomatic dispute with Israel and tit-for-tat expulsions of diplomats.”
“I would very much have liked to have discussed the medical devices questions arising from the Bill. The Minister made an incredibly short speech about that important matter. It is quite clear that these provisions are part of the covert dynamic alignment with the EU and the covert rejoin agenda being pursued by the Government.”
“I am as keen as anybody to get on with discussing the Health Bill, but this topic is too serious an opportunity to miss, given that the hon. Member for Leeds Central and Headingley (Alex Sobel) has raised such important issues. I really commend his speech and his initiative. Everybody should read it.”
“The Minister shakes her head, but she is yet to give a good reason as to why this measure is in the Bill. When we had an Adjournment debate in July with the then Minister for patient safety, the hon.”
“The chief executive of the CQC is wantonly conflicted in terms of looking after the safe space, so he cannot be the one left in charge of that function. The real point here is that we are missing the opportunity to save so much money. Governments keep having public inquiries.”
“I asked the Minister, in a letter I sent her after the debate in July, to give us the information on how much the transfer of all this would cost. Nothing has arrived. I never had a reply to the letter. Of course, the Government have changed the Minister and the new Minister for patient safety, the right hon.”
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“Lady is right about “Heathwick”—it just would not work—and she is entirely right about hubs. However, she is wrong about Heathrow. As the right hon. Member for Greenwich and Woolwich pointed out, experience and the political reality tell us that there will simply not be any new runways at Heathrow. Have we not learnt from the fact that, although every member of the last Government was absolutely committed to getting that proposal through, it did not go through? That was due to the sheer scale of opposition from west London constituencies. Far more marginal constituencies would be affected by the development of Heathrow than would be affected by the choice of any other possible site for an airport. It is simply not possible to generate enough political support for development at Heathrow—one party or another will always oppose it.”
“Member for Greenwich and Woolwich (Mr Raynsford) that the hon. Lady has got some things right, I think that some of her Committee’s decisions were wrong. I congratulate the hon. Lady on recognising that London will not survive as a global city unless we maintain its connectivity. Being a city is about being connected. If we want London to remain the world’s global financial centre—the premier international city—we must have international connectivity. Aviation services are the new rivers of our generation. Along with the airwaves and the internet, aviation is what connects cities nowadays, and if we cut ourselves off by persevering with a patch-and-mend aviation policy in London and the south-east, we shall see an end to London’s global status in our lifetimes. The hon.”
“May I join others in congratulating you on your election to your new office, Madam Deputy Speaker? It is a great pleasure to be speaking in one of your debates for the first time. I also congratulate the Under-Secretary of State for Transport, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), on his appointment as the Minister responsible for aviation. Welcome to the hot seat! I commend the hon. Member for Liverpool, Riverside (Mrs Ellman) and her Committee for tackling this important issue at a time when it is very topical. As a fellow Select Committee Chairman, I can vouch for the fact that policy inquiries such as this are the most difficult in which to engage. Certainly the evidence is the most difficult to assess. However, while I agree with the right hon.”
“I can tell the hon. Gentleman that we would have won even fewer seats in London had we supported the Heathrow case. There is no doubt about that. Why does he think that my hon. Friend the Member for Richmond Park (Zac Goldsmith) is so strongly opposed to a new runway at Heathrow?”
“The Davies commission needs to recognise that taking a 50-year view means stepping outside many of the immediate short-term controversies. It is significant that the Select Committee has not come up with a long-term solution to our airports question, but has merely suggested, rather tentatively, that there should be one more runway at Heathrow, and then probably another. If the Committee wants a four-runway hub airport at Heathrow, why did it not just spell that out? I think that it has been diverted by short-term commercial interests and has not taken that 50-year view.”
“If my hon. Friend will forgive me, I will develop my argument further before dealing with that point. The Davies commission has a hugely difficult task to perform. It must take a strategic view, and that means taking a long-term view. I think that the Select Committee has inevitably fallen victim to the pile of evidence shunted in its direction by business. Yes, we should listen to business, but business does not tend to take a view that covers more than about seven to 10 years—perhaps a maximum of 15. We need the Davies commission to take a 50-year view. The chief of Ryanair—bless his cotton socks—and, indeed, the chief of British Airways are not taking a 50-year view; they are taking a much shorter-term view than that.”
“Almost no people will be living under such a noise level around the Thames estuary airport, which is why this is a no-brainer.”
“Member for Greenwich and Woolwich said, its connectivity by non-road is better than any other possible site, so that puts it firmly on the agenda, as does the fact that east of London is where we need regeneration and investment. This is the visionary approach that should be adopted by the Davies commission. The estuary airport is the best environmental option because a bird habitat that would be affected can be replicated and replaced—or even doubled—elsewhere, and the Ramsar sites can be moved. It is the best safety option, because there would be no more flying over populated areas, and it is the best noise option, too. Some 750,000 people live under the 50 dB-plus noise footprint of Heathrow, which is why a decision there is impossible.”
“I perfectly accept that, but we are committed to a hub. We need a hub, and we need a decision to build a four-runway hub now. Once we have reached that conclusion, all the logic drives us towards having a Thames estuary airport. Not a single objection has been raised to a Thames estuary airport—not cost, not bird strikes, not sea level rise—that is a showstopper; and then there are the advantages of a Thames estuary airport: it is achievable, and achievable within a predictable time frame; and its connectivity is better than that of any other possible site for a four-runway hub, and that almost includes Heathrow. Because it is already almost on the HS1 route, it has better rail connections to European onward destinations than any other possible site. It is also closer to the City of London by rail time than Heathrow. As the right hon.”
“I am sorry, but I am not going to give way again as I do not have much time. I just want to deal with the point about the closure of Heathrow. It would be a very big decision, but not a catastrophe—it is an opportunity.”
“We have to solve this problem once and for all and to take the really big strategic decision that will ensure that London and the south-east remain a globally connected part of the world, and that London remains the global city it deserves to be.”
“If it had come down half a mile short of that spot, it would have landed on a densely populated area and people would be crying out for the airport to be closed on safety grounds. Big airports have been moved before: notably British engineers and British planning in Hong Kong moved Hong Kong international airport—an airport of comparable size—to a new island site. As that has been done before, it can be done again, and this is the vision the Davies commission needs to have to deliver on its remit. It must not get sucked back into a shorter-term view and propose a patch-and-mend solution—a runway here and a runway there. I believe that Manston will have a big role to play, particularly in the interim, because it will take time to build a four-runway airport in the Thames estuary.”
“I am not giving way. It is an opportunity to create 250,000 new homes west of London—a new hi-tech city that has all the infrastructure already in place. It is a huge opportunity to solve the shortage of housing problem in London, and to drive growth west of London, not to close it down. I am afraid that we can come to a slightly myopic view if we do no more than talk to people who work at Heathrow. We will get the view that somehow this change is bad. All change is difficult, but this is a change that needs to be made. In this age, nobody in their right mind would choose to put London’s hub airport where Heathrow is located. There only needs to be one accident, and we nearly had that a few years ago when the airliner with frozen fuel came down on the edge of the runway.”
“Will the hon. Gentleman reflect that if Davies comes down in favour of some cobbled together compromise on Heathrow, we will go straight back into that kind of paralysing debate? If he comes down in favour of a Thames estuary airport, that will be decisive and a way forward. There will be far more consensus around a long-term solution than around a patch-and-mend, short-term one.”
“Moving a major airport is a dramatic idea, but it would happen over a period of time and would be an evolution. If Heathrow ceased to be an airport, there would not just be a big hole. There would be a massive opportunity to fill the space with new industries, homes and economic activity. That would be a huge opportunity for the whole of west London.”
“There is no knockout blow in the report about cost. The cost is reckoned by the consortium to be about £23 billion, and it agrees that any airport will need infrastructure that is funded by the taxpayer.”
“Given that we believe in democracy, openness and transparency, would it not be much more democratic to allow the Davies commission to report before the general election so that the debate at the time of the election can take place in the light of its findings?”
“Is my right hon. Friend aware that the loss of British servicemen’s lives in Afghanistan is more than double what it was in Iraq, which was only 179—I say “only”!—and that the cost of operations in Afghanistan has so far been double what it was in Iraq? Given that we established the Chilcot inquiry to look into lessons learned from Iraq, what consideration are the Government giving to having a similar inquiry, once we have withdrawn, into what lessons can be learned from this long and bitter campaign?”
“I should say at the outset that I do not intend to move new clause 1, although I want to take the opportunity to raise matters that concern it and to support Government amendments 28 and 29. Similarly, I do not intend to press amendment 1 to a vote.”
“I am rather appalled, Madam Deputy Speaker, that I have had to be pulled up on that procedural matter in my 21st year in this House. New Clause 1 Bill of rights ‘Nothing in this Act shall be construed by any court in the United Kingdom as affecting Article IX of the Bill of Rights 1689.’. — (Mr Jenkin.) Brought up, and read the First time.”
“As we explain: “Thus Article 9 of the Bill of Rights, the most important statutory expression of parliamentary privilege, states that ‘the freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of Parliament’.” We go on to explain that the most important part of that is that “both Members and non-Members… are not legally liable for things said or done in the course” of our parliamentary proceedings, “nor are those outside who are adversely affected by things said or done in Parliament able to seek redress through the courts.””
“That is referred to at the beginning of schedule 1, which quotes an extract from the 1689 Bill of Rights and refers to any matter that “otherwise affects the scope of the exclusive cognisance of Parliament.” The term “cognisance” might seem rather archaic, but it encapsulates what privilege is about. That is, as our report states: “Parliament enjoys sole jurisdiction—normally described by the archaic term ‘exclusive cognisance’—over all matters subject to parliamentary privilege.” That concept underpins parliamentary privilege.”
“I want to use this opportunity to draw the attention of the House to the report by the House of Lords and House of Commons Joint Committee on Parliamentary Privilege, which was produced only a month or two ago. I believe that it sets down the terms on which we should consider parliamentary privilege, its importance and its relevance. In particular, chapter 2, on general principles, draws attention to privilege’s continuing relevance and value and notes that parliamentary “proceedings must be immune from interference by the executive, the courts or anyone else who may wish to impede or influence those proceedings in pursuit of their own ends.” The principle of parliamentary privilege rests on the concept of exclusive cognisance.”
“I hear what my right hon. Friend says, but it is not generally asserted that, for example, correspondence between him representing his constituents and a Minister is privileged, because it would be difficult to prove that that constituted proceedings in Parliament. I do not think, therefore, that we can seek to extend parliamentary privilege in the Bill. What we do as our job to represent our constituents is clearly not intended to be included in the regulation of lobbying. It would be intolerable if Members of Parliament had to register as lobbyists in order to represent their constituents, or indeed represent any other interests. I will return to that point later, if my right hon. Friend will forgive me.”
“Indeed, it might be far harder to obtain a prosecution in court for a matter such as that than to create in this House the right atmosphere of discipline and self-discipline that we expect from all hon. Members.”
“I recognise the sentiment the hon. Gentleman expresses, and I share his outrage at any abuse that he suggests took place, but we have our own rules in this House. We adjudicate on these matters, and in fact we apply very harsh terms to people we believe to be guilty of paid advocacy. For many decades, since 1945 or even earlier, paid advocacy has been utterly abhorrent to this House. No longer do we have MPs sitting in the railway interest, as they did during the 19th century. The important distinction here is that we regulate that from within this House, as proceedings of this House. We do not need or require the courts to interfere in those matters. I do not think we are providing any leniency to Members that the courts would not also afford.”
“I wholly agree with my right hon. Friend. I just want to emphasise that the amendments I am speaking to deal with the narrower question of privilege, although I will return to the risk, which I think the Minister must address, of the wider drawing in of Members’ activities into the scope of the Bill.”
“In those exceptional circumstances, when the courts were under enormous public pressure to take more draconian action following the expenses fiasco, it was reasonable for Parliament to put that clause into that Bill, but generally we should try to avoid putting any reference to the Bill of Rights 1689 into legislation. My amendment 1 suggested that we delete paragraph 1 of schedule 1. I note that the Government have now proposed that we remove both paragraph 1 and paragraph 2 of schedule 1. Paragraph 1 removes language which is lifted from the Bill of Rights 1689, without referring to the 1689 Act. Because there is no reference to it, paragraph 1 does not place the wording in the special category in which the Act exists.”
“The one exception that we have made is in respect of the IPSA legislation—the Parliamentary Standards Act 2009—in which we inserted the words that I am proposing in my new clause: “Nothing in this Act shall be construed by any court in the United Kingdom as affecting Article IX of the Bill of Rights 1689.” I submit that the House of Lords put that clause in the Parliamentary Standards Bill in rather extreme circumstances. When that Bill arrived in this House, it seemed that it was going to go into areas that were previously considered part of the exclusive cognisance of this House. It was going to refer to disciplining Members for what we did in this House, and that was going to draw parliamentary proceedings into the consideration of the courts in a way that was unprecedented. All that was eventually taken out by the House of Lords.”
“If you had no real reservations about it, I would not go down the legislative route that defined, semi-defined, subdivided, allowed for, or exercised this and that, because you would end up in interminable discussions, and, in court, interminable arguments, about what that really meant. Unless you are dissatisfied with the way in which your privileges operate, I would leave this well alone.” By that, I think he means that the courts are predisposed to defer to proceedings in Parliament, whatever statutes may say. The 1689 Bill of Rights is one of those special statutes in our legal system that is implicitly present in every statute. We do not need to repeat what is in the Bill of Rights 1689 in every statute in order to immunise it for the purpose of parliamentary privilege.”
“I will return to that matter, but when my right hon. Friend employs the word “privilege” in that context, he is not employing it in terms of parliamentary privilege. It is not a parliamentary privilege that protects our ability to write to Ministers on behalf of our constituents. That is not covered by parliamentary privilege. With the indulgence of the House, I wonder whether I might quote the Lord Chief Justice when he made it clear that we should, if possible, avoid legislating on matters regarding privilege. He said: “Parliament has to decide whether it has sufficient privilege to be able to conduct its business in the way that Parliament wishes. If you have reservations about that, you have to produce a system that enables you to have the conditions under which you can perform your responsibilities properly.”
“That is a two-way street. In certain circumstances, Parliament might exercise privilege in a manner that has recently been ruled to be subject to court proceedings. It would depend on the circumstances, and we need to hold out the prospect that in extremis we would exercise privilege in a way that the courts might not expect us to do, given the way that privilege has been exercised in the past. We no longer send out a posse of soldiers to arrest people on behalf of Parliament, and I do not suppose we will return to that in these democratic days, but who knows what will happen in the future? Parliament should reserve its right to assert its privilege in order to be able to conduct its proceedings immune from the courts, immune from the Executive, under any circumstances.”
“We continued: “Where there is uncertainty in a case brought before the courts, the extent of Parliament’s exclusive cognisance will be determined by the courts.” We stated that “if Parliament were to consider that its privileges had been reduced to the extent that it could no longer effectively perform its core work, it could in the last resort change the law”, but finally that “legislation should only be used when absolutely necessary, to resolve uncertainty or in the unlikely event of Parliament’s exclusive cognisance being materially diminished by the courts.” Neither of those last two conditions exists. There is no uncertainty. We made further recommendations about how our 1689 privileges could be clarified. It is fashionable to believe that over the years parliamentary privilege has been eroded by the courts.”
“My hon. Friend has, typically, put more pithily than I could a complex legal argument. By drawing the courts into adjudicating on these words, we would be devaluing the 1689 Bill of Rights. That would be irresponsible. If the courts start arguing about all this, we will have to legislate on the matter and risk losing our historic immunity. Our conclusions, clearly stated in the report, were: “The extent of Parliament’s exclusive cognisance changes over time, as the work of Parliament evolves” and it would be impractical “to draw up an exhaustive list”.”
“I am pleased that that is being taken out because it was absurd to confine the exemption merely to representing residents in our constituencies, as defined by section 4 of the Representation of the People Act 1983. If I were representing a 15-year-old, I would be caught by the Act. It was an absurd piece of drafting. Why was it necessary to put it into the Bill? I hope the Minister will be able to give us an assurance that the Government are taking it out of the Bill now. That is the right thing to do.”
“Paragraph 2 of schedule 1 states: “A Member of Parliament who makes communications within section 2(3) on behalf of a person or persons resident in his or her constituency does not, by reason of those communications, carry on the business of consultant lobbying.” How have we written a Bill that could possibly construe Members of Parliament going about their ordinary course of business as carrying out consultant lobbying? Yes, we are paid by Parliament and therefore we are paid, and yes, we are paid, in part, to represent our constituents, but is it assumed that any court might by accident include us in the definition of lobbying and therefore require us to register as lobbyists in order to represent our constituents?”
“Members might try to avail themselves of parliamentary privilege when they are not entitled to it and we end up with embarrassing court actions, but that is not an excuse for legislation in this area. The courts have demonstrated, as we saw in the Chaytor case, that they are capable of disposing of those cases in a manner that we would find perfectly acceptable. Echoing the comments of my right hon. Friends the Members for Wokingham (Mr Redwood) and for Chesham and Amersham (Mrs Gillan), I still have concerns about the implications of the Bill. These measures were drawn up, presumably, to protect Members of Parliament.”
“I have moved new clause 1, but I shall wait to hear what the Minister says in response to the debate. I suspect that I will be greatly reassured by what he says in respect of parliamentary privilege, and that by removing any reference to the Bill of Rights or any wording thereof, the two Government amendments put this Bill back in the normal category of all Bills, that privilege applies and that the unstated presence of the 1689 Bill of Rights looms over this Bill as it does over any Act and our privileges are therefore secure, there is no ambiguity about that and it is accepted by the courts. Indeed, I do not expect that the courts wish to be drawn into adjudicating on detailed matters of privilege. It remains uncomfortable and untidy that hon.”
“Will the Leader of the House give an assurance that all the normal dealings of a Member of Parliament, whether or not he or she is paid or sponsored by outside interests in the usual legitimate way, will not fall within the scope of the Bill and that we will not be required to register as lobbyists? It is important that he gives that assurance so that the courts are clear that that was the intention of the Act.”
“I note the earlier debate on the guillotine. All I can say is thank God for the other place. The hon. Gentleman raises a point that Members there may want to address, though if the Minister can give us the assurance that we need that he has complete confidence and has had advice that no court could possibly construe a Member of Parliament as a lobbyist, I imagine that would also apply to a Member of the other place. But the hon. Gentleman raises a perfectly valid point. The point, of course, is that we are paid by Parliament to serve the national interest, and to exercise our independent judgment on behalf of that interest, to represent our constituents and to play our part in proceedings as members of political parties, because without parties democracy would not function.”
“The hon. Member for North Down (Lady Hermon) has made an extremely valuable point. It shows how narrow a view some of the people who draft this legislation have of what Members of Parliament actually do. They think that we are simply a post box for our constituents. They do not understand that we are meant to exercise our judgment and represent interests from outside our constituencies as well as views and opinions, and indeed the national interest. They have no conception of that, which I am afraid is reflected in the Bill’s original drafting.”
“I am most grateful to my hon. Friend for giving way at this point. He says “around the world”. It is often thought that parliamentary privilege is unique to our rather odd partly written constitution, where the fundamental principles are accepted and not written down. That is not the case. Every parliamentary democracy in the world grants its legislative authority some kind of immunity in order to ensure that it can carry on its function of holding the Executive to account, and legislating and discussing with impunity. It is not unique to us; it exists in America, Australia and elsewhere. They all wrestle with this problem of how to make it work.”
“I am listening carefully to what the Leader of the House is saying. Of course, all this depends on what one means by the normal activities of a Member of Parliament. Does he agree that the normal activities of a Member of Parliament include representing anybody, so long as we are not paid to represent them? We are free to represent anybody, whether they be a business in the City or a charity.”
“(4) An organisation or person included on the register which contravenes the provisions of the code of conduct shall be liable to civil penalties as set out in section 14.’.— (Mr Thomas.) Brought up, and read the First time.”
“I will not press new clause 1 to a vote, because the Leader of the House is dealing with these matters in an exemplary manner, and I beg to ask leave to withdraw the motion. Clause, by leave, withdrawn . New Clause 4 Duty to apply a code of conduct ‘(1) The Registrar shall, after wide consultation with relevant stakeholders including the Political and Constitutional Reform Select Committee, prepare a code of conduct with which all registered persons will be required to comply, and may produce revised codes from time to time. (2) The Secretary of State must lay any professional lobbying code of conduct before Parliament. (3) Any code shall provide that any inappropriate financial relations between registered persons and Parliamentarians are strictly forbidden.”
“I am grateful to my right hon. Friend for being utterly clear about the intention of this Bill, which is that Members of Parliament and Members of the other place are not intended to be included in the provisions of the Bill. He has listened and read the report from the Joint Committee on Parliamentary Privilege and the Standards and Privileges Committee of this House, and has understood the concerns raised. I emphasise the importance of removing the second paragraph in schedule 1, subject to amendment 29, because were it to remain it would have the effect of narrowing the exemption to an absurd degree. That is why it is important to remove it; it is not only redundant but would be highly damaging because it would suggest that what is not excluded by the clause would implicitly be included under the Bill.”
“This is one of the things that we owe to the continuation of our monarchy, and that is why it is appropriate that a democratic Parliament should choose an occasion such as this to pay tribute to the institution.”
“Every one of us in the House chose to be in public life, but he will have no choice. It is an illustration of the extraordinary self-sacrifice of the royal family that they accept their duty with alacrity; that gives my hon. Friend the Member for Gainsborough (Sir Edward Leigh) an explanation of why the royal family remain so enduringly popular, even though they have had their ups and downs. Much has been said about continuity. The constitutional value of the royal family is the uncontroversial continuity provided by the continuation of the monarchy. Other countries look with jealousy at the stability of our system of government and at how it has remained stable through general strikes, world wars and economic depressions while others have strained to remain democratic.”
“I am so glad that this debate has gone on long enough to allow at least one hon. Member to sound a dissenting voice, because debates in this Chamber would not be complete without a variety of voices being heard. The hon. Member for Walsall North (Mr Winnick) has underlined the point that this young child has been born into a family with responsibilities, and that that family would not enjoy the extraordinary support that they do if they did not show the same sincerity and concern for the least fortunate in society that he has demonstrated in his speech. It is also worth remembering that this child is going to be a prisoner of public life for his whole life. Even if the monarchy were abolished, he would remain a public figure. In some respects, children born into the royal family are the least fortunate in society.”
“As Members of Parliament, we expect to be lobbied by people who are lobbying in their own interests. In that respect, a company is a person. In legal terms it is just another person. We expect to be lobbied by our constituents and by other people who are not constituents in respect of matters of national interest. Will the hon. Gentleman explain why such lobbying is corrupt? What would be corrupt— [Interruption.] Excuse me. What would be corrupt is Members of Parliament receiving payment or being influenced by anything other than argument. Otherwise, I cannot see why he wants to capture so many people in a lobbying register. Will he explain that?”